Did Gary Bennett murder a woman in 2000? Here’s why his retrial lawyers say he didn’t.
Gary Bennett’s attorneys continued to question the statements made by an alleged witness to the 2000 murder Bennett is suspected of committing.
Bennett’s trial resumed Monday after a weekend break and his attorneys spent much of the morning with witnesses, who were designed to cast doubts on the statements made by Andrew Lindsey during last week’s proceedings.
In 2003, Bennett was convicted of murdering Eva Marie Martin on May 23, 2000, and sentenced to life in prison. He maintained his innocence, and through a series of appeals, was given a second-trial in Horry County, South Carolina, on the murder charges.
Prosecutors described a case of Lindsey and Bennett working together as a team committing several robberies. Bennett then grew obsessed with obtaining the combination to the safe at the Surfside Beach Taco Bell, where Martin worked.
Bennett and Lindsey were friends with Martin and went to her home on the May night. There, Lindsey testified, Martin and Bennett got into an argument. The two went to a bedroom of her mobile home as Lindsey was on the phone in the kitchen.
When Lindsey went to the bedroom, he found Bennett on top of Martin and her throat slashed, Lindsey said.
However, defense attorneys and law enforcement investigators said Bennett’s DNA and fingerprints were not found at the scene.
Several Horry County police investigators testified Monday about the work they did to find Martin’s killer. One was Todd Cox, who was a new detective at the time of Martin’s death. Cox would later plead guilty to misconduct in office for his role in a scandal that rocked Horry County police. He retired in 2016.
Cox detailed his work at Martin’s mobile home and interviews in the case. The questioning became contentious with defense attorney Aimee Zmroczek when she asked Cox about some of his investigative notes. One entry stated a witness said Bennett was on a porch of a different home when Martin was murdered.
When asked about the note, Cox seemed to refuse to read it from his notes, but admitted the statement was included.
During cross-examination, Cox said it was just a notation and the statement only came from one person. There was no way to tell if it was accurate, he said.
“Your guess is as good as mine,” Cox said, taking a breath, “whether he is on the porch.”
This story was originally published October 26, 2020 at 2:39 PM.
